MARIA OZUNA AND CANDIDO POLANCO v. DEUTSCHE BANK TRUST COMPANY AMERICAS, Etc.
CourtDistrict Court of Appeal of Florida
Date FiledJune 24, 2020
Docket3D19-1090
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed June 24, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-1090
Lower Tribunal No. 17-19693
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Maria Ozuna and Candido Polanco,
Appellants,
vs.
Deutsche Bank Trust Company Americas, etc.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Jacqueline Hogan
Scola, Judge.
Samuel D. Lopez, P.A., and Samuel D. Lopez (Southwest Ranches), for
appellants.
Greenberg Traurig, P.A., and Vitaliy Kats (Tampa); Greenberg Traurig, P.A.,
and Kimberly S. Mello and Arda Goker (Orlando), for appellee.
Before EMAS, C.J., and LINDSEY and GORDO, JJ.
PER CURIAM.
Affirmed. See Wells Fargo Bank N.A. v. Diz, 253 So. 3d 705, 707 (Fla. 3d
DCA 2018) (“[W]here a copy of a note is attached to a complaint and the plaintiff
later files with the court the original note in the same condition as the copy attached
to the complaint, the combination of such evidence is sufficient to establish that the
plaintiff had actual possession of the note at the time the complaint was filed and,
therefore, had standing to bring the foreclosure action . . . .” (citing Ortiz v. PNC
Bank, N.A., 188 So. 3d 923, 925 (Fla. 4th DCA 2016))); HSBC Bank USA, Nat’l
Ass’n v. Buset, 241 So. 3d 882, 889 (Fla. 3d DCA 2018) (“[B]ecause a plaintiff
asserting standing based on its status as a holder of the note does not have to prove
ownership, a plaintiff does not normally have to establish a ‘chain of indorsements’
or a ‘chain of title.’” (citation omitted)); Peuguero v. Bank of Am., N.A., 169 So. 3d
1198, 1202–03 (Fla. 4th DCA 2015) (“A plaintiff need not prove the exact date of a
necessary endorsement to show standing at the inception of the foreclosure action—
testimony that the endorsement was effectuated before the filing of the complaint
will suffice.”).
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